NEW JERSEY REGISTER
VOLUME 35, NUMBER 3MONDAY, FEBRUARY 3, 2003
RULE PROPOSAL
LAW AND PUBLIC SAFETYJ
DIVISION OF CONSUMER AFFAIRSNEW JERSEY CEMETERY BOARD
Charges And Fees; Memorials; Multiple Licenses; Application For Certificate Of
Authority; Merger Or Consolidation Of Cemetery Companies; Application For Sale
Of Cemetery Lands; Application For Enlargement Of Cemetery Area By Purchase;
Application To Lease Or License Unused Cemetery Lands To A Nonprofit,
Religious, Educational Or Charitable Organization; Leasing Unused Cemetery
Lands To A For Profit Entity; Applications For Bulk Sales Of Interment Spaces;
Sales To A Membership Corporation, Religious Corporation, Society Or
Unincorporated Association Or Society Which Provides Interment Spaces Solely
For Its Members And Their Families; Application For Removal Of Monumentation;
Removal Of Dangerous Monumentation

Pursuant to its rulemaking authority in N.J.S.A. 8A:2-2, the New Jersey
Cemetery Board (the Board) proposes amendments to N.J.A.C. 13:44J-3.1,
10.5, 13.1, 13.3 through 13.7, 14.1, 14.2, 15.2 and
15.3 in order to clarify when a cemetery company must pay existing fees. The
Board proposes amendments to N.J.A.C. 13:44J-3.1 so that it may charge a fee
when a cemetery company applies for approval to issue certificates issued
pursuant to N.J.S.A. 8A:6-3 or to grant an easement. The Board also proposes
to delete subsection (g) of N.J.A.C. 13:44J-7.1.

N.J.A.C. 13:44J-3.1 sets forth fees that are charged by the Board.
N.J.A.C. 13:44J-3.1(a)1iii is recodified as (a)1iv(1) to clarify that a
fee must be paid whenever a cemetery company applies for a certificate of
authority. N.J.A.C. 13:44J-3.1(a)1iv is recodified as (a)1iii and amended
to remove the phrase "rules and regulations" so that the Board will no longer
charge cemetery companies $25.00 for filing amendments to their rules and
regulations. The Board believes that this change will encourage cemetery
companies to file such amendments, thus ensuring that the Board has the most
current version of all cemetery companies' rules. N.J.A.C. 13:44J-3.1(a)
1v is recodified as (a)1iv and the provisions codified as sub-subparagraphs
(a)1v(1) through (7) are recodified as (a)1iv(2) through (8). N.J.A.C.
13:44J-3.1(a)1v(1), recodified as (a)1iv(2), is amended to remove the words
"excess" and "plus one-half percent of gross sales in excess of $100,000" and
to add the phrase "granting of easement." These changes are proposed so that
the fee rule complies with the requirements set forth at N.J.A.C. 13:44J-
13.4. N.J.A.C. 13:44J-3.1(a)1v(3), recodified as (a)1iv(4), is amended to
delete the phrase "unsightly monument" and add the word "monumentation." This
change is proposed to reflect new rules N.J.A.C. 13:44J-15.2 and 15.3,
adopted December 4, 2000 at 32 N.J.R. 4265(a). N.J.A.C. 13:44J-3.1(a)
1v(6), recodified as (a)1iv(7), is amended to remove the phrase "to non-
profit organization" to reflect that recent amendments to N.J.A.C. 13:44J-
13.6 and 13.7 allow cemetery companies to lease land to both for-profit and
non-profit organizations. N.J.A.C. 13:44J-3.1(a)1iv(9) is a new provision
which sets a fee of $500.00 for a cemetery company when it applies for a
certificate issued pursuant to N.J.S.A. 8A:6-3. The Board, after
consultation with Board staff and the budget officer for the Division of
Consumer Affairs, arrived at this fee by determining the number of hours of
staff time needed for the review of applications for certificates issued
pursuant to N.J.S.A. 8A:6-3.

N.J.A.C. 13:44J-3.1(a)2i is amended to separate the application fee and
the temporary license fee assessed for salespersons. The fee is currently
$40.00 for an application and temporary license. The proposed amendment deletes
the temporary license from N.J.A.C. 13:44J-3.1(a)2i and decreases the
application fee from $40.00 to $35.00. N.J.A.C. 13:44J-3.1(a)2ii contains
the $5.00 fee for the temporary license. Proposed N.J.A.C. 13:44J-3.1(a)
2ii is recodified to 3.1(a)2iii and sets forth the fee for the initial
licensure of salespersons. The fee is currently $75.00. The Board has
determined that a person who is issued a license during the second year of a
biennial period should only pay half of this fee and proposes N.J.A.C.
13:44J-3.1(a)2iii(2) to require that such individuals pay $37.50 for an
initial license. N.J.A.C. 13:44J-3.1(a)2iii through vi are proposed
for recodification as 3.1(a)2iv through vii.

N.J.A.C. 13:44J-3.1(a)3 is amended to reflect that a cemetery company's
price list is submitted to the Board as part of its annual Maintenance and
Preservation Trust Fund Report and that the fee for the filing of this report
also covers the fee for filing the price list.

According to N.J.S.A. 8A:5-3, no cemetery company may sell monuments,
markers or bronze memorials. N.J.A.C. 13:44J-7.1(g) states that cemetery
companies are prohibited from selling commercially available bases of concrete,
granite or marble which are to be attached to a bronze memorial. The Board
proposes to repeal subsection (g) because the Board believes that the bases
described in the rule are not memorials, and, therefore, may be sold by
cemetery companies. The Board further believes that N.J.S.A. 8A:5-3 does not
prohibit a cemetery company from selling such bases.

N.J.A.C. 13:44J-10.5 is proposed for amendment to require a salesperson
applicant to pay the temporary license fee for every cemetery at which the
salesperson works. This amendment reflects the proposed amendment to
N.J.A.C. 13:44J-3.1(a)2 which splits the application and temporary permit
fee into two separate fees and ensures that the Board has sufficient funds to
cover the cost of processing temporary license applications.

N.J.A.C. 13:44J-13.1(c) and (f) are proposed for amendment to require
cemetery companies to pay the application fee for the certificate of authority
pursuant to N.J.A.C. 13:44J-3.1(a)1iv(1).

N.J.A.C. 13:44J-13.3(b) is proposed for amendment to require cemetery
companies to pay the application fee pursuant to N.J.A.C. 13:44J-3.1(a)
1iv(3) when submitting an application of merger or consolidation.

N.J.A.C. 13:44J-13.4(b) and (d) are proposed for amendment to require
cemetery companies to pay the fee listed at N.J.A.C. 13:44J-3.1(a)1iv(2)
when submitting an application for the sale of land or for an easement.

N.J.A.C. 13:44J-13.5(b) is proposed for amendment to require cemetery
companies to pay the fee listed at N.J.A.C. 13:44J-3.1(a)1iv(6) when
applying to the Board to purchase land.

N.J.A.C. 13:44J-13.6(b) and 13.7(b) are proposed for amendment to
require cemetery companies to pay the fee listed at N.J.A.C. 13:44J-3.1(a)
1iv(7) when applying for Board approval to lease land.

N.J.A.C. 13:44J-13.7(b)5 is proposed for amendment to require cemetery
companies to pay the fee listed at N.J.A.C. 13:44J-3.1(a)1iv(7) when
applying to the Board for approval of leasing unused cemetery lands to a for-
profit entity.

N.J.A.C. 13:44J-14.1(d) is proposed for amendment to require cemetery
companies to pay the fee listed at N.J.A.C. 13:44J-3.1(a)1iv(8) when
applying to the Board for approval of a bulk sale of interment spaces.

N.J.A.C. 13:44J-15.2(c) and 15.3(c) are proposed for amendment to
require cemetery companies to pay the fee listed at N.J.A.C. 13:44J-3.1(a)
1iv(4) when applying to the Board for approval for the removal of a
monument.

As the Board has provided a 60-day comment period on this notice of proposal,
this notice is excepted from the rulemaking calendar requirement pursuant to
N.J.A.C. 1:30-3.3(a)5.

Social Impact

The Board believes that the proposed amendments may have an impact on cemetery
companies, licensed salespersons and consumers. The proposed amendments clarify
when a cemetery company is required to pay a fee for Board services. This
ensures that the Board receives the fees that it needs to function and protect
consumers in the State. The amendments to the rules delete a requirement that a
cemetery company pay the Board one-half percent of the gross sales price over
$100,000 when the cemetery company sells land. This change will enable cemetery
companies to retain more of the proceeds from the sale of land. The proposed
amendment to N.J.A.C. 13:44J-7.1 would allow cemetery companies to sell
bases to consumers, opening a new avenue of revenue. Consumers would be able to
purchase bases from cemetery companies, which may be more convenient for them
and will give them more options for buying bases.

Economic Impact

The proposed amendments will have an economic impact on cemetery companies and
applicants for licensure as cemetery salespeople. The amendments impose costs
on cemetery companies in that the amendments to N.J.A.C. 13:44J-3.1 create
new fees that cemetery companies must pay. The rule imposes a new fee of
$500.00 on cemetery companies that apply for approval of an easement or the
issuance of certificates issued pursuant to N.J.S.A. 8A:6-3. The proposed
amendments do impose a new fee of $5.00 for a temporary license for a cemetery
salesperson, but this does not impose an economic impact as this fee is offset
by lowering the application fee by $5.00.

The proposed amendments will also have a beneficial economic impact on an
applicant for licensure as a cemetery salesperson who applies during the second
year of a biennial period, as such an individual will only have to pay half the
customary license fee. The amendments may also benefit consumers who wish to
purchase commercially available bases of concrete, granite or marble to be
attached to a bronze memorial, as the amendment to N.J.A.C. 13:44J-7.1
allows for more suppliers in the market which may lead to lower costs for such
bases.

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal
standards or requirements applicable to the proposed amendments.

Jobs Impact

The Board does not believe that the proposed amendments will result in an
increase or decrease of jobs in the State.

Agriculture Industry Impact

The Board does not believe that the proposed amendments will have any impact
on the agriculture industry of this State.

Regulatory Flexibility Analysis

If, for purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et
seq., the approximately 400 cemeteries and the approximately 300 licensed
cemetery salespeople in the State are deemed "small businesses," then the
following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other
compliance requirements of the proposal including the kinds of professional
services likely to be needed to comply. The Act further requires the Board to
estimate the initial and annual compliance costs of the proposal with an
indication of the varying impact on small businesses of differing types and
sizes and to outline the manner in which it has designed the rules to minimize
any adverse economic impact upon small businesses.

The proposed amendments do not impose any reporting or recordkeeping
requirements on small businesses. Compliance with the proposed amendments
should not necessitate the hiring of professional services.

The proposed amendments to N.J.A.C. 13:44J-3.1, 10.5, 13.1, 13.3
through 13.7, 14.1, 14.2, 15.2 and 15.3 impose compliance
requirements on cemetery companies to pay fees when applying for certificates
of authority, approval of mergers or consolidations, sale of cemetery lands,
enlargement of cemetery areas by purchase, approval of leasing of cemetery
lands, approval of bulk sales and approval for removal of monumentation. The
amendments also impose compliance requirements on cemetery salespeople to pay a
fee when they apply for licensure and when they renew their license.

As the compliance requirements contained in the amendments are necessary to
provide the revenue for the Board to function and to cover the costs of the
services rendered to its licensees, the Board believes that the provisions must
be uniformly applied to all cemetery companies and licensees and no exemptions
are provided based on the size of the cemetery company or the licensee's
business.

Smart Growth Impact

The Board does not anticipate that the proposal will have any impact on the
achievement of smart growth and implementation of the State Development and
Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposal follows:

<< NJ ADC 13:44J-3.1 >>

13:44J-3.1 Charges and fees

(a) The following fees shall be charged by the Board:

1. Cemetery company fees:

i. Annual interment fees per interment in excess of 25 interments

..........$4.00

ii. Cremation fee (per cremation)

.......... 1.00

iii. Filing amendments to charters

.......... 25.00

iv. Application fees:

(1) Certificates of authority

.......... 500.00

(2) Sales of land /granting of easement

.......... 500.00

(3) (No change in text.)

(4) Removal of monumentation

.......... 100.00

Recodify existing (4)-(5) as (5)-(6) (No change in text.)

(7) Lease of cemetery land

.......... 100.00

(8) (No change in text.)

(9) Certificate(s) issued pursuant to N.J.S.A. 8A:6-3

.......... 500.00

2. Salesperson fees:

i. Application fee

.......... 35.00

ii. Temporary license

.......... 5.00

iii. Initial license:

(1) If paid during the first year of a biennial renewal period

.......... 75.00

(2) If paid during the second year of a biennial renewal period

..........37.50

Recodify existing iii.-vi. as iv.-vii. (No change in text.)

3. Annual filing fee for Maintenance and Preservation Trust Fund

Report and price list

.......... 75.00

(b) (No change.)

<< NJ ADC 13:44J-7.1 >>

13:44J-7.1 Memorials

(a)-(f) (No change.)

<<-(g) Cemetery companies are prohibited from selling
commercially available bases of concrete, granite or marble to be
attached to a bronze memorial, provided that the determination as to the
need and design of subsurface support shall be governed by the
reasonable rules of the cemetery company.->>

<< NJ ADC 13:44J-10.5 >>

13:44J-10.5 Multiple licenses

A cemetery salesperson selling for more than one cemetery company
shall obtain a separate license for each cemetery company <<+for
which+>> he or she sells <<-for->> and
<<+shall+>> pay <<-the->> <<+a+>>
license <<+and temporary license+>> fee for each cemetery
but the applicant shall be required to pay only one application
<<-and temporary license->> fee.

<< NJ ADC 13:44J-13.1 >>

13:44J-13.1 Application for certificate of authority

(a)-(b) (No change.)

(c) A cemetery company organized before December 1, 1971 applying
for a certificate of authority shall submit to the Board:

1.-2. (No change.)

3. An application fee as set forth in N.J.A.C.
13:44J-3.1(a)1<<- ii->><<+iv(1)+>>, made payable
to the New Jersey Cemetery Board;

4.-6. (No change.)

(d)-(e) (No change.)

(f) A cemetery company organized on or after December 1, 1971
applying for a certificate of authority shall submit to the Board:

1.-2. (No change.)

3. An application fee as set forth in N.J.A.C.
13:44J-3.1(a)1<<- ii->><<+iv(1)+>>, made payable
to the New Jersey Cemetery Board;

4.-9. (No change.)

(g)-(j) (No change.)

<< NJ ADC 13:44J-13.3 >>

13:44J-13.3 Merger or consolidation of cemetery companies

(a) (No change.)

(b) A cemetery company which wishes to merge into or consolidate
with another cemetery company shall submit to the Board:

1.-3. (No change.)

4. An information fact sheet from each cemetery company which contains the following:

i.-vi. (No change.)

vii. A copy of the resolution of merger or consolidation approved
by a majority of the board of trustees or directors of each cemetery
company, and by a majority of lot owners of each cemetery company
voting at a lot owners meeting for which adequate notice was given;
<<-and->>

5. A proposal for the continued administration of the Maintenance
and Preservation Fund<<-.->><<+; and+>>

<<+6. An application fee as set forth in N.J.A.C.
13:44J-3.1(a) 1iv(3).+>>

(c) (No change.)

<< NJ ADC 13:44J-13.4 >>

13:44J-13.4 Application for sale of cemetery lands

(a) (No change.)

(b) A cemetery company which wishes to sell any land dedicated to
cemetery purposes shall submit to the Board:

1.-8. (No change.)

9. An appraisal of the property by a licensed real estate appraiser
having no interest in either the cemetery company or the purchasing
entity. If either the cemetery company or the purchasing entity or the
principals of either has an interest in the other, two independent
appraisals shall be submitted<<-.->><<+; and+>>

<<+10. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(2).+>>

(c) (No change.)

(d) Applicants for an easement shall submit:

1. (No change.)

2. Reason for the easement; <<-and->>

3. Payment to the cemetery company, if any<<-.->><<+; and+>>

<<+4. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(2).+>>

(e)-(f) (No change.)

NJ ADC 13:44J-13.5 >>

13:44J-13.5 Application for enlargement of cemetery area by purchase

(a) (No change.)

(b) A cemetery company which wishes to purchase land and dedicate
that land for cemetery purposes shall submit to the Board:

1.-2. (No change.)

3. A copy of the resolution of consent by the municipality where
the cemetery is located, as required by N.J.S.A.
8A:6-5<<-.->><<+; and+>>

<<+4. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(6).+>>

7. A statement by the board of trustees or directors that the
proceeds of the lease will be used to pay the debts and liabilities of
the cemetery company, to improve the cemetery, or
both<<-.->><<+; and+>>

<<+8. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(7).+>>

(c) (No change.)

<< NJ ADC 13:44J-13.7 >>

13:44J-13.7 Leasing unused cemetery lands to a for-profit entity

(a) (No change.)

(b) A cemetery that wishes to lease unused land to a for-profit
entity shall provide the Board with:

1.-2. (No change.)

3. A statement by the board of trustees or directors that the
proceeds of the lease will be used to pay the debts and liabilities of
the cemetery company to improve the cemetery, or both;
<<-and->>

4. A statement by the prospective lessee that it does not engage,
directly or indirectly, in an activity that a cemetery company is
prohibited from engaging in pursuant to N.J.S.A.
8A:5-3<<-.->><<+; and+>>

<<+5. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(7).+>>

(c) (No change.)

<< NJ ADC 13:44J-14.1 >>

13:44J-14.1 Applications for bulk sales of interment spaces

(a)-(c) (No change.)

(d) An application for approval of a bulk sale shall include the following:

1.-3. (No change.)

<<+4. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(8).+>>

(e) (No change.)

<< NJ ADC 13:44J-14.2 >>

13:44J-14.2 Sales to a membership corporation, religious corporation,
society or unincorporated association or society which provides
interment spaces solely for its members and their families

(a)-(b) (No change.)

(c) An application for sale of the graves shall include the following:

1.-2. (No change.)

3. A certified statement by the officer of the purchasing organization that:

i.-v. (No change.)

vi. The purchaser shall forward to the cemetery company the name
and address of individuals who have the right of interment space and
their next of kin<<-.->><<+;+>>

4. A statement by the cemetery company that:

i.-ii. (No change.)

iii. To the best of its knowledge, the transaction is being
undertaken in good faith, and neither the selling organization, nor the
purchasing organization has a speculative intent which would violate
N.J.S.A. 8A:9- 7<<-.->><<+; and+>>

<<+5. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(8).+>>

(d) (No change.)

<< NJ ADC 13:44J-15.2 >>

13:44J-15.2 Application for removal of monumentation

(a)-(b) (No change.)

(c) If the cemetery company is unable to obtain written consent,
either because the owner fails to consent or because the cemetery after
diligent effort is unable to locate the owner, it may submit an
application for removal to the Board. The application for removal shall
include:

1. (No change.)

2. A statement by an officer of the cemetery company that the
cemetery company is unable, after diligent effort, to obtain written
permission from the owner of the interment space or lot;
<<-and->>

3. Photographs of the monumentation sought to be
removed<<-.->><<+; and+>>

<<+4. An application fee as set forth in N.J.A.C. 13:44J-3.1(a) 1iv(4).+>>

(d)-(g) (No change.)

<< NJ ADC 13:44J-15.3 >>

13:44J-15.3 Removal of dangerous monumentation

(a)-(b) (No change.)

(c) The cemetery company may apply to the Board to dispose of the
monumentation six months from the date of notification if it has not
heard from the owner, owners or interested parties. Applications should
include the reasons for the disposal of the monumentation, proof that
the certified letter has been sent to the owner, interested parties and
newspaper, <<-and->> photographs of the monumentation from
(a) above <<+and an application fee as set forth in N.J.A.C.
13:44J-3.1(a)1v(4)+>>.